Uses permitted subject to conditions

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    • Required conditions for permitted uses

      • (a) The general uses of land permitted by the TABLE OF PERMITTED USES in each district are intended to be used with common characteristics which are consistent with the purpose established by this subchapter for each district. However, certain uses of land provide accommodations consistent with, or necessary to, the purpose intended for each district but differ in their general characteristics from the principal permitted activity and in their impact thereon.

        Special conditions are, therefore, established for these uses in order to retain a consistent relationship between their greater or unique intensity or kind activity and the principal activity permitted in the district where they may be permitted, subject to the additional conditions. Every use conditionally permitted in any district, as set forth in the TABLE OF PERMITTED USES in this subchapter shall be subject to all regulations of the district in which such use is conditionally permitted and located unless otherwise stated and set forth under specific conditions of the following sections for each conditionally permitted land use.
        • 1. Amusement parks. Amusement parks, public or private, are permitted in the A-1, A-2, or P Districts subject to the following conditions:

          • A. A permit for their construction and operation shall have been obtained from the proper department or departments of the Government of the United States Virgin Islands;

          • B. When located in a P District, a permit for construction and operation shall have been obtained from the Department of Conservation and Cultural Affairs;

          • C. All structures of any kind shall be erected a minimum distance of two hundred (200) feet from any adjacent residential property;

          • D. The minimum area devoted to such use shall be ten (10) acres;

          • E. All buildings or structures shall occupy a maximum of twenty-five (25) percent of the area of the space allocated to this use;

          • F. No building or structure shall exceed a height of thirty (30) feet;

          • G. All amusement enterprises located within two hundred (200) feet of any adjacent residential property shall close at 10:00 P.M.;

          • H. All lighting shall be so constructed as not to shine directly upon adjacent residential property;

          • I. The entire area shall be surrounded by a fence;

          • J. All entrances shall be from a main travelled highway and not from any residential street.

        • 2. Apartment houses, hotels and guesthouses (dwelling, multifamily). Apartment houses and hotels and guesthouses are permitted in the W-1 District, subject to the following conditions:

          • A. A. There shall be a minimum zoning lot area of three (3) acres;

          • B. The maximum number of persons per acre for residential structures shall not exceed forty (40) persons at the time of construction;

          • C. No residential structure shall exceed a height of three (3) stories;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 3. Athletic fields or playfields. Athletic fields or playfields are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. Every athletic field shall have a minimum area of five (5) acres;

          • B. Every athletic field shall be surrounded by a fence or planted area;

          • C. No building, structure, play area such as a baseball field, football field or tennis court shall be located closer than fifty (50) feet from the property line;

          • D. No building or structure shall exceed a floor area of over twenty-five hundred (2,500) square feet;

          • E. All play areas shall be treated so as to be free from dust;

          • F. All lighting shall be directed away from the property lines so as not to create an unsatisfactory condition for surrounding residential property;

          • G. All activities shall cease at 11:00 p.m.

        • 4. Automobile laundry (car wash). Automobile laundries are permitted in the B-2 and B-3 District subject to the following conditions:

          • A. There shall be a minimum lot area of five thousand (5,000) square feet;

          • B. Every car wash structure shall be set back from the street line a minimum distance of fifty (50) feet;

          • C. Adequate drainage shall be provided upon the property so as not to permit water to flow upon adjacent property;

          • D. Adequate storage space shall be provided upon the property for the storage of cars washed and to be washed;

          • E. There shall be no storage of cars washed or to be washed upon the public street;

          • F. There shall be a minimum side yard on each side of any structure used for car wash purposes of ten (10) feet.

        • 5A. Bowling alleys and roller skating. Bowling alleys and roller skating are permitted in the W-1 District subject to the following conditions:

          • A. There shall be a minimum lot area of one (1) acre;

          • B. The maximum coverage shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter;

          • E. No bowling alley or roller skating rink shall be located in W-1 Districts designated as swimming areas;

          • F. All lighting shall be directed so as not to create an unsatisfactory condition for surrounding residential property.

        • 5B. Cafes, retail concessions, and restaurants. Cafes, retail concessions and restaurants are permitted in the P District if publicly owned and operated, or if publicly owned and privately operated under continuous supervision of a public agency, or if privately owned and operated on a contract with and under constant supervision of a public agency.

        • 6. Camps. Recreation camps, day camps, overnight camps are permitted in the P District if publicly owned.

        • 7. Churches, synagogues, temples, and Sunday School buildings. Churches, synagogues, temples, and Sunday school buildings are permitted in the R-1 and R-2 Districts subject to the following conditions:

          • A. There shall be a minimum zoning lot area of three-quarter (¾) acres;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of one hundred (100) feet from all adjacent residential properties;

          • D. Entrances and exits to parking facilities shall be located, where possible, on nonresidential streets and a minimum of seventy-five (75) feet from any street intersections;

          • E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 8. Colleges, universities and other institutions of higher learning. Public and private colleges; universities; art, music, professional or other schools providing an educational curriculum above the level of public secondary schools are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. Uses of land shall be limited to educational, administrative, operational and maintenance buildings, student unions, auditoriums, chapels, research or testing laboratories, libraries, gymnasiums, stadia, athletic fields, playgrounds, student and faculty dormitories, fraternity or sorority houses or other residences of officials, caretakers or guards. Book or stationery stores, eating establishments or other facilities for the convenience of students, faculty, employees or visitors shall be permitted within any building where there are no separate outside entrances to such uses facing any adjoining residential property;

          • B. The minimum lot area shall be ten (10) acres;

          • C. The total coverage of all buildings upon any campus shall not exceed thirty (30) percent of any one contiguous area of campus;

          • D. All buildings shall be set back from every adjacent property a minimum distance of twenty-five (25) feet and, in addition, not closer than fifty (50) feet to any adjacent residential property;

          • E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 9. Community centers. Community centers are permitted in the R-1, R-2, R-3, R-4, S, and R-5 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of one (1) acre in the R-1 District;

          • B. The maximum coverage shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties in the R-1 District;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 10. Convalescent, rest, nursing and retirement homes; and sanitariums. Convalescent, rest, nursing, and retirement homes; and sanitariums are permitted in the R-1 and R-2 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of one (1) acre;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of fifty (50) feet from all adjacent residential properties;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 11. Country clubs and golf clubs. Country clubs and golf clubs are permitted in the A-1, A-2, R-1, and R-2 Districts subject to the following conditions:

          • A. The minimum lot area shall be not less than forty (40) acres;

          • B. Buildings shall occupy not more than five (5) percent of the area of the zoning lot;

          • C. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter;

          • D. The maximum height of any structure shall not exceed two (2) stories;

          • E. A golf shop, cafe, snack bar or swimming pool may be considered an accessory use if located a minimum distance of two hundred (200) feet from any adjoining residential property or property zoned for residential use;

          • F. Accommodations for overnight guests may be provided if they meet the lot area requirements of the district.

        • 12. Dwellings — Attached, semi-detached and group. Attached semi-detached and group dwellings are permitted in the R-1 and R-2 Districts subject to the following conditions:

          • A. The minimum lot area requirements for the respective districts shall apply;

          • B. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

          • C. The maximum height for any building constructed under title 29 Virgin Islands Code, chapter 16 may not exceed three stories.

        • 13. Electrical substations. Electrical substations are permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of six thousand (6,000) square feet;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot;

          • C. There shall be minimum setbacks from every adjacent property of twenty-five (25) feet, except that setbacks from adjacent residential properties shall be fifty (50) feet;

          • D. Transformers shall be located within buildings;

          • E. The lines between the substation and the street shall be underground;

          • F. The substation shall be suitably screened from any adjacent residential property by a solid fence or planting screen which shall provide year-round screening.

        • 14. Fire stations, police stations, and postal substations. Fire stations, police stations, and postal substations are permitted in the R-1, R-2, R-3, R-4, S, and R-5 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of fifteen thousand (15,000) square feet;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot;

          • C. There shall be minimum setbacks from every adjacent property of twenty-five (25) feet, except that setbacks from adjacent residential properties shall be fifty (50) feet;

          • D. There shall be no exterior car washing;

          • E. There shall be no parking or storage of nongovernment vehicles in the front yard;

          • F. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 15. Garage, community. A community garage is permitted in the R-3, R-4, S, and R-5 Districts subject to the following conditions:

          • A. Every community garage shall be located in the rear yard of the zoning lot and not less than three (3) feet from any property line;

          • B. Every community garage shall occupy not more than forty (40) percent of the rear yard;

          • C. The number of garage spaces permitted shall not exceed the number of dwelling units on the zoning lot.

        • 16. Gymnasiums and athletic clubs. Gymnasiums and athletic clubs are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts as part of a permitted public, private or parochial school or community center.

        • 17. Hospitals. Hospitals are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of fifteen (15) acres in the R-1 District, ten (10) acres in the R-2 District, and five (5) acres in the Districts R-3, R-4, and R-5;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot;

          • C. There shall be a minimum setback from adjacent property of twenty-five (25) feet, except that the setbacks from adjacent residential properties shall be fifty (50) feet;

          • D. No power plant or laundry shall be located nearer than one hundred (100) feet from any residential property;

          • E. Off-street parking shall be provided in accordance with section 230 of this subchapter;

          • F. In addition to customary accessory uses, the following accessory uses shall be permitted within the hospital complex when located inside of any building with no outside separate entrances to such facilities: drug stores, gift shops, eating establishments or such other goods or services providing a convenience for patients, employees and visitors.

        • 18. Laundry and dry cleaning; depot, self-service, and self-service and depot. Laundry and dry cleaning; depot, self-service, and self-service and depot are permitted uses in the R-3, and R-5 Districts when located on the first floor or in the basement of any apartment house or hotel.

        • 19. Marinas (recreational marine crafts). Marinas are permitted in the R-3 and R-5 Districts subject to the following conditions:

          • A. Such facilities shall be used only for the docking of small power boats and sailboats;

          • B. No repair work, such as the scraping or finishing or refinishing of hulls or the painting of boats, shall be permitted;

          • C. Two (2) fuel pumps shall be permitted;

          • D. No sale of food or drinks at the docking area or areas shall be permitted;

          • E. One (1) identification sign shall be permitted not to exceed two (2) square feet in dimension.

        • 20. Medical clinics. Medical clinics are permitted in the R-4 and S Districts subject to the following conditions:

          • A. The minimum lot size shall be five thousand (5,000) square feet;

          • B. The building shall occupy not more than forty (40) percent of the entire lot area;

          • C. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter;

          • D. All buildings shall be set back from the street line a minimum distance of twenty-five (25) feet and from all other property lines a minimum distance of ten (10) feet.

          Medical clinics are permitted in the R-3 and R-5 Districts subject to the following conditions:
          • A. If in separate buildings, they shall meet the requirements of paragraphs A through D above, and be limited to a maximum height of two (2) stories;

          • B. If in multiple dwellings (apartment houses or hotels), they shall be located on the ground (first) floor of the building and shall occupy not more than ten (10) percent of the ground floor area of the building.

        • 21. Memorial parks, memorial garden, memorial nature preserve or park, perpetual care park. Memorial parks, memorial gardens, memorial nature preserves or parks, and perpetual care parks are permitted in the R-4, R-5, B-3, I-2, and S Districts subject to the following conditions:

          • A. A permit for their construction and operation shall have been obtained from the proper department or departments of the Government of the Virgin Islands;

          • B. All mausoleums and wall crypts shall be erected a minimum distance of three hundred (300) feet from any adjacent residential property;

          • C. All lighting shall be constructed so as not to shine directly upon adjacent residential property;

          • D. All mausoleums and wall crypts shall occupy a maximum of fifty percent (50%) of the total area of the Memorial Park, Memorial Nature Preserve or Park, or Perpetual Care Park;

          • E. No mausoleum or wall crypt shall exceed a height of thirty (30) feet;

          • F. Accessory uses permitted subject to conditions set forth in section 233(a) of this chapter.

        • 22. Mobile home parks. Mobile home parks or courts are permitted in the A-1, A-2, R-2, and R-3 Districts subject to the following conditions:

          • A. The minimum area for mobile home parks shall not be less than five (5) acres;

          • B. The minimum area of land to be allotted to or designed for a mobile home space shall not be less than twenty-five hundred (2,500) square feet per unit; however, no unit shall occupy more than thirty (30) percent of such allotted space;

          • C. The minimum common open space in a mobile home park shall be not less than thirty (30) percent of the entire mobile home park area. For the purpose of this section, common open space shall be calculated as any open unoccupied area remaining after deducting the minimum area allotted to each unit. Such open space shall not be occupied by buildings, roadways or parking areas, and shall be sodded and landscaped or otherwise made available for recreation use. The perimeter of the mobile home park shall also be landscaped to provide screening from adjacent areas;

          • D. The maximum number of mobile home units shall not exceed ten (10) units per acre;

          • E. The mobile home park shall front on a major street or road, or shall have an improved road that provides direct access to a major street or road;

          • F. No mobile home shall be located nearer than ten (10) feet from any roadway within a mobile home park, and no mobile home or other building or parking lot shall be located nearer than twenty-five (25) feet from the boundaries of the mobile home park. No mobile home and appurtenances shall be located nearer than twenty (20) feet from any other mobile home or appurtenances within a mobile home park;

          • G. Off-street parking shall be provided in accordance with section 230 of this subchapter; however, they need not be individually related to each mobile home and may be provided in a common parking area. In the case of common parking areas of more than five car spaces, effective screening and landscaping shall be utilized and the parking area shall be paved;

          • H. Buildings or structures in addition to the mobile home units shall be limited to administration offices or quarters, buildings used for common recreation or laundry facilities, storage and such buildings or structures as may be required for sanitation purposes, and a small grocery or general store. A minimum of forty (40) units, in place, are required for a small grocery or general store which shall be incorporated wherever possible in other service or convenience building in the park.

        • 23A. Motion picture (indoors). Motion picture (indoors) are permitted in R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. There shall be a minimum zoning lot area of two (2) acres;

          • B. The maximum coverage of any building shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be minimum side and rear yards of twenty-five (25) feet with a minimum setback of sixty (60) feet from all adjacent residential properties;

          • D. Entrances and exits to parking facilities shall be located, where possible, on nonresidential streets and a minimum of seventy-five (75) feet from any street intersections;

          • E. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 23B. Night clubs. Night clubs are permitted in the W-1 District subject to the following conditions:

          • A. Night clubs are permitted only as a secondary use of a building whose principal use is that of a hotel or restaurant;

          • B. Night clubs shall be so located within the building as to prevent noise from emanating from the building of the disturbance to surrounding property.

        • 24. Nurseries, plant; agriculture, horticulture. Horticultural activities and nurseries for the growing of plant materials and their sale are permitted in the R-1, S, and R-2 Districts subject to the following conditions:

          • A. The minimum lot area shall not be less than three (3) acres;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the area of the zoning lot;

          • C. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter;

          • D. There shall be a minimum setback from any street line of fifty (50) feet and a minimum setback from all other property lines of one hundred (100) feet;

          • E. All sales shall be conducted in a building set back from the front street line a minimum distance of fifty (50) feet, or if from an open lot a minimum distance of twenty (20) feet from the front street line;

          • F. There shall be no storage of fertilizer nearer than two hundred (200) feet from any property line;

          • G. Equipment used, such as carts, tractors and similar vehicles, shall be stored on the premises or left in the open not nearer than two hundred (200) feet from any side or rear property line.

        • 25A. Refreshment stands. Refreshment stands are permitted in the W-1 District subject to the following conditions:

          • A. When erected upon public property, a permit shall have been obtained from the proper department of the Government of the United States Virgin Islands;

          • B. The design of every stand shall have been submitted to the Virgin Islands Planning Office for approval by its Director, and shall be erected only if approved;

          • C. The maximum size of each refreshment stand shall be one hundred fifty (150) square feet;

          • D. No stand shall be erected nearer than two hundred (200) feet from any adjacent residential property;

          • E. Suitable containers for rubbish shall be placed on the property assigned for such stand, and the owner or operator shall be responsible for proper removal of such rubbish;

          • F. When located adjacent to a residential district, such stand shall remain open not later than 10:00 P.M.

        • 25B. Riding stables. Riding stables are permitted in the W-1 District subject to the following conditions:

          • A. Approval of facilities is first obtained from the Department of Health, Division of Environmental Health;

          • B. There shall be minimum side and rear yards of fifty (50) feet with a minimum setback of one hundred (100) feet from all residential properties;

          • C. They shall not be permitted in areas designated as swimming areas in W-1 Districts;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 26. Religious quarters. Religious quarters are permitted in the R-1 and R-2 Districts subject to the following conditions:

          • A. There shall be a minimum lot area of one (1) acre;

          • B. The maximum coverage of any building or buildings shall not exceed thirty (30) percent of the entire lot area;

          • C. There shall be a minimum setback from adjacent property of twenty-five (25) feet except that setbacks from adjacent residential property shall be fifty (50) feet;

          • D. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 27A. Seaplane ramps. Seaplane ramps are permitted in W-1 Districts subject to the following conditions:

          • A. Such facilities shall be used only for the embarkation and debarkation of passengers or for freight, and for such related accessory activities as are essential to the provisions of these services;

          • B. No repair work, except emergency repairs, shall be permitted;

          • C. Two (2) fuel pumps shall be permitted;

          • D. Sale of food and drinks shall be permitted, when part of a passenger terminal or waiting area;

          • E. One (1) identification sign shall be permitted not to exceed eight (8) square feet in dimension;

          • F. No facility shall be located in W-1 Districts designated as swimming areas;

          • G. No facility shall have its principal activities closer than three hundred (300) feet from adjoining residential properties;

          • H. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

        • 27B. Sewage lift station, sewage and water pressure control station, and sewage treatment plants. Sewage lift station, sewage and water pressure control station, and sewage treatment plants are permitted in the R-1, R-2, R-3, R-4, and R-5 Districts subject to the following conditions:

          • A. The design and location of each installation shall have been approved by the Department of Health of the United States Government of the United States Virgin Islands;

          • B. The design and specific location of the installation shall have been approved by the Director of the Virgin Islands Planning Office;

          • C. Every installation shall be surrounded by a fence or planting strip which will effectively screen it from the surrounding property;

          • D. Where the installation is not connected to a sewer system, the Department of Health must certify that there is a facility available suitable to carry off the effluent without disturbance of surrounding property or without polluting the waters of the Islands.

        • 28. Signs. Signs are permitted uses in the zoning districts according to sections 227 and 228 of this subchapter, and subject to the following conditions:

          • General conditions:

            • A. Signs in designated historical districts shall conform to the regulations of those districts;

            • B. No sign shall exceed a height of twenty (20) feet above the lowest adjacent established grade;

            • C. No roof signs shall be permitted anywhere in the Virgin Islands;

            • D. No sign shall display intermittent lights resembling the flashing light customarily used in traffic signals or those used by police, fire, ambulances or other emergency vehicles, nor shall any sign use the words “stop”, “danger”, or any other word, phrase, symbol or character that might be misconstrued to be a public warning or traffic sign;

            • E. Illuminated signs shall be shielded so as not to cast direct light onto any residential district or onto any property or building used in whole or in part for residential purposes;

            No revolving or rotating signs shall be permitted.
          • Business Signs:

            • A. Permitted in the R-3, R-5, and W-1 Districts, provided they do not exceed four (4) square feet.

            • B. B. Permitted in the I-1, I-2, and W-2 Districts, provided they do not exceed twenty (20) square feet.

          • Identification Signs:

            • A. Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts, provided they do not exceed one (1) square foot;

            • B. Permitted in the B-1, B-2, B-3, B-4, C, and W-1 Districts, provided they do not exceed four (4) square feet;

            • C. Permitted in the I-1, I-2, and W-2 Districts, provided they do not exceed twenty (20) square feet;

            • D. Permitted on public and semi-public property, provided they do not exceed three (3) square feet.

          • Directional Signs: Directional signs attached to private property or located at the intersection of streets designating property owners shall not exceed one (1) square foot for each sign.

          • Occupancy Signs: Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, and R-5 Districts provided that they do not exceed one (1) square foot.

          • For Sale or For Rent Signs:

            • A. Permitted in the A-1, A-2, R-1, R-2, R-3, R-4, R-5, and W-1 Districts, provided they do not exceed four (4) square feet;

            • B. Permitted in the B-1, B-2, B-3, B-4, I-1, I-2, and W-2 Districts, provided they do not exceed four (4) square feet.

          • Temporary Signs: Permitted in any district subject to the following conditions:

            • A. Temporary signs shall be located only upon the premises of a use to which such a sign is related;

            • B. No temporary sign shall be permitted for a period exceeding one (1) year;

            • C. Temporary signs shall be permitted if they relate to a particular subdivision or development;

            • D. No temporary sign shall exceed sixteen (16) square feet.

          • Applications: In addition to the requirements of section 235 of this subchapter, every application for a sign shall include the following information and exhibits in triplicate:

            • A. Position of sign and its structure in relation to adjacent buildings and structures;

            • B. The design and size, structural details and the dimensions and colors proposed, and the proposed location on the premises of such sign and/or sign structure;

            • C. A statement showing the size, dimensions and location of all signs existing on the premises at the time of making said application.

          • 29. Warehousing, storage and light industrial. Warehousing, storage and light industrial uses are permitted in the P-Public District subject to the following conditions:

            • A. Such uses should be permitted only in a P-Public District that adjoins a public airport or an area zoned light or heavy industrial.

            • B. A permit, lease, license, or other entitlement for the construction and/or operation of an activity shall have been obtained from the agency of the Government of the United States Virgin Islands responsible for the management or administration of the property upon which the activity is to be located.

            • C. There shall be a minimum lot area of five thousand (5,000) square feet.

            • D. No building or structure shall exceed a height of thirty-five (35) feet.

            • E. No more than sixty (60) percent of the area of a zoning lot may be used for building or storage of equipment other than required off-street parking or off-street loading.

            • F. All structures shall be separated from any residential structure and/or property zoned for residential purposes by a minimum of not less than twenty (20) feet.

            • G. Off-street parking shall be provided in accordance with the provisions of section 230 of this subchapter.

          • 30. Water Storage. Water storage tanks are permitted in R-3 Districts subject to the following conditions:

            • A. The design and location of each installation shall have been approved by the Department of Planning and Natural Resources and the Director of the Virgin Islands Planning Office;

            • B. Every installation shall be fenced and landscaped.

          • 31. Casino Establishment and Casino Simulcasting. Casino Establishments and Casino Simulcasting are permitted uses in the R-3, R-5, B-1, B-2, and W-1, St. Croix districts when one of the four types of casino licenses is issued by the Casino Control Commission. Each type of casino license is subject to the following conditions:

            • Casino-1:

              • (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas.

              • (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code.

              • (C) Off-street parking and loading shall be in accordance with the provisions of section 230 of this subchapter.

            • Casino-2:

              • (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas.

              • (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code.

              • (C) Off-street parking and loading shall be in accordance with the provisions of section 230 of this subchapter.

            • Casino-3:

              • (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas.

              • (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code.

              • (C) Off-street parking and loading shall be in accordance with the provisions of section 230 of this subchapter.

            • Casino-4:

              • (A) The maximum height of any structure shall be three (3) stories within the Historic Districts, and six (6) stories in all other areas.

              • (B) The number of hotel rooms, casino square footage and indoor public space square footage shall be in accordance with the provisions of Title 32, section 435 of the Virgin Islands Code.

              • (C) Off-street parking and loading shall be in accordance with the provisions of section 230 of this subchapter.

          • 32. Slot machines are permitted uses in the A-1 and P-1, St. Croix and St. Thomas under the following conditions:

            • (A) Slot machines may be operated at only one horse racetrack on St. Croix and only one horse racetrack on St. Thomas pursuant to title 32 V.I.C. chapter 21; and

            • (B) No structure may exceed a height of three stories.

          • 33. Horse track stables, quarantine barns, veterinarian’s offices and accessory parking are permitted in the B-3 (BUSINESS-SCATTERED) zoning designation subject to the following conditions:

            • (A) The parcel must be contiguous to a horseracing track;

            • (B) The parcel must be not less than 10 acres in size;

            • (C) There must be a minimum side and rear yards of 50 feet with a minimum setback 100 feet from any residential property;

            • (D) Off-street parking must be provided in accordance with the provisions of section 230 of this subchapter; and

            • (E) A health permit must be obtained from the Department of Health, Division of Environmental Health, before the approval of any constructed facility.


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